Begley v. Tyree et al

Filing 115

OPINION & ORDER: Begley's motion to reconsider 111 is DENIED. Court further ORDERS that Begley's motion relating to handling his mail by BOP 112 and relating to access to resources 113 are DENIED as MOOT. Court has dismissed this a ction. Both motions appear to be aimed at aiding Begley in the filing of further docs before this court. US COA for the Sixth Circuit now has jurisdiction over Begley's claims. Signed by Judge Karen K. Caldwell on 4/17/17.(MRS)cc: COR, 6CCA Clerk, Pro se filer

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION AT LONDON
SHANE JEFFERSON BEGLEY,

CIVIL ACTION NO. 6:14-191-KKC

Plaintiff,
v.

OPINION AND ORDER

DENVER TYREE, ET AL.,
Defendants.
This matter is before the Court on several motions filed by the plaintiff. As stated by the
Court in an opinion dismissing this action, the plaintiff Shane Jefferson Begley alleges that,
while he was a pretrial detainee at the Laurel County Detention Center, jail personnel used
excessive force in stopping an altercation between Begley and another inmate. He also alleges
that, after the altercation, jail personnel and medical providers employed by the jail were
deliberately indifferent to his medical needs.
By order and judgment dated November 30, 2016, the Court dismissed all of Begley’s
claims. Begley filed a Notice of Appeal on December 27, 2016. “It is well settled that the filing
of a notice of appeal transfers jurisdiction over the merits of the appeal to the appellate court.”
Workman v. Tate, 958 F.2d 164, 167 (6th Cir. 1992). Because Begley has filed a Notice of
Appeal, this Court has no jurisdiction to amend the decision at issue. See Raum v. Norwood, 93
F. App'x 693, 695 (6th Cir. 2004).
Accordingly, the Court hereby ORDERS that Begley’s motion to reconsider (DE 111) is
DENIED. The Court further ORDERS that Begley’s motions relating to handling of his mail by
the Bureau of Prisons (DE 112) and relating to access to certain legal resources (DE 113) are
DENIED as moot. The Court has dismissed this action. Both motions appear to be aimed at

aiding Begley in the filing of further documents before this Court. The United States Court of
Appeals for the Sixth Circuit now has jurisdiction over Begley’s claims.
Dated April 17, 2017.